S.Pal, J. - (1.) THIS application, being CAN 124 of 2013, for adding the Commander -in -Chief, Andaman & Nicobar Command as a party to the proceedings in FAT No. 001 of 2013 and for extension of the interim order passed on 15th July 2013, which was further extended on 26th September, 2013 along with the application being CAN 119 of 2013 for extending the interim order for three months, were taken up for hearing on 21st November, 2013. The short background of the case is that the plot of land in question was acquired by the administration for the Andaman & Nicobar Command under the provisions of in the Land Acquisition Act 1894 (for short "the Act"). The Collector awarded compensation of Rs. 6,21,740/ -. There was a reference under section 18 of the Act. By the judgement and decree dated 04th July 2012 the learned Land Acquisition Judge enhanced the compensation to Rs 2,18,41,360/ -.
(2.) AGGRIEVED and dissatisfied with the said judgement and decree dated 04th July 2012, the Collector (LA), Andaman & Nicobar Administration, Port Blair had filed an appeal being FAT 001 of 2013. It is submitted by Mr. Tabraiz, learned advocate for the appellant, that being the beneficiary of the land acquired, as the Command Authority is a "person interested" under section 3(b) of the Act, the Commander -in -Chief may be directed to be added as a party respondent for just and necessary adjudication of the proceedings. In support of his submission reliance has been placed on the judgments of the Apex Court in Union of India v. Sher Singh and others: : (1993) 1 SCC 608 and on Neyvely Lignite Corporation Ltd. v. Special Tahsildar (Land Acquisition) Neyvely and others : (1995) 1 SCC 221.
(3.) OPPOSING the application, Mrs. Anjili Nag, learned advocate, submitted though the Command authorities, the requiring body, since 2003 being well aware of the land acquisition proceedings have not come up challenging the sum awarded, applications are not maintainable. In support of her submission she has relied on an unreported judgement delivered on 22 April, 2009 in CO No. 1919 of 2008, Jubaraj Brajendra Kishore Singh v. The State of West Bengal & Others.;